CRPC Obe June 2021 QP

LL.B.
II/IV/VI Semester Examination June, 2021

Subject: Law of Crimes-II (Criminal Procedure Code)
Paper Code: LB-203
Time: 3 Hours Maximum Marks: 100
Instructions:
 All questions carry equal marks (25 marks)
 This question paper contains total 6 questions
 Attempt any 4 questions out of 6 questions
 Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper
Q 1. ‘A’ is accused of killing his wife in a fit of anger. He is arrested by P, the officer in
charge of the concerned police station. It appears to P that the accusation is well founded and
the investigation cannot be completed within 24 hours. Explain briefly the procedure to be
followed by P under the Code of Criminal Procedure, 1973 to get A’s detention extended.
Also discuss the legal rights that are available to ‘A’ as an arrestee.
Q 2. Altaf, the officer in charge of a police station, is arrested for the murder of a person who
was in police custody in his police station. Two of Altaf’s subordinate officers are named as
witnesses in the case. Altaf moves an application for bail. What factors will be considered by
the Court while disposing of Altaf’s bail application? Explain with the help of relevant
provisions in the Code of Criminal Procedure, 1973 and leading Supreme Court judgments on
the issue. Also discuss the grounds on which bail may be cancelled by the courts.
Q 3. Deepa approaches the officer in charge of a police station and asks him to register a First
Information Report (FIR) against Naman, her boss, alleging that Naman raped her a month
ago after mixing some intoxicating substance in her drink. The officer in charge refuses to
register the FIR stating that, since there was a delay in reporting the offence, he will conduct
a preliminary enquiry before registering the FIR, in order to ascertain the truth of Deepa’s
statement. Discuss the legal validity of the action of the officer in charge. Also discuss the
legal remedies available to Deepa to get her FIR registered. Cite the relevant provisions from
the Code of Criminal Procedure, 1973 and the leading Supreme Court judgments on the issue
in support of your answer.
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Q 4. Snehil is arrested for committing theft of a bicycle. Snehil is the sole bread winner of his
family and he wants to put an end to the legal proceedings and come out of jail. So, he is
willing to confess his guilt. His lawyer informs him about the options of plea bargaining or
compounding. Explain the difference between the two and discuss what will be the
consequences for Snehil in case he goes for plea bargaining or compounding of the offence.
Also explain the rights of the victim, whose cycle was stolen, in case of a plea bargaining
arrangement.
Q 5. Fazal and Mumtaz were married on 21-7-2018 and were living separately since 15-7-
2019. An FIR was registered against Fazal under Sections 498-A and 406 of the Indian Penal
Code, 1860 at the instance of Mumtaz on 2-1-2020. When the criminal case was pending, the
dispute between the two was settled and Mumtaz filed an affidavit in Court stating that her
disputes with Fazal had been settled and they had agreed for divorce by mutual consent.
Based on Mumtaz’s affidavit, the matter was taken to the High Court by Fazal and Mumtaz
and they jointly prayed for quashing of the criminal proceedings launched against Fazal.
Elucidating the scope of the inherent powers of the High Court under Section 482 of the
CrPC, 1973, discuss whether the High Court can allow the petition for quashing the FIR for
the non-compoundable offences under Sections 498-A and 406 IPC or will it amount to
bypassing Section 320 of the CrPC? Support your answer with leading Supreme Court
judgments on the issue.
Q 6. X, an accused in a terror attack in which five people were killed, did not get access to a
lawyer during the trial, on the basis of which he was convicted. X wants to challenge his
conviction. Elucidating the basic features of a fair trial, advise X about the relief he can seek
from the appellate court.
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LL.B.

II/IV/VI Semester Examination June, 2021

Time: 3 Hours Maximum Marks: 100

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